Senate Bill S1027

                                 BILL NUMBER:  S1027

 TITLE OF BILL :
An act to amend the penal law, in relation to establishing criminal
negligence for individuals who violate or assist in the violation of
any provision of the multiple dwelling law where such violation has
resulted in the death of another; and to amend the multiple dwelling
law, in relation to increasing the penalties for persons who violate
or assist in the violation of any provision of the multiple dwelling
law where such violation has resulted in serious physical injury


 PURPOSE :
This bill amends the Penal Law and the Multiple Dwelling Law, imposing
criminal penalties for death or serious injury of individuals
resulting from violations of the multiple dwelling law.

 SUMMARY OF PROVISIONS :
Current law does not provide specific criminal penalties for
violations of the Multiple Dwelling Law where such violations result
in death or serious physical injury.

Section 1 of this bill amends section 125.10 of the penal Law by
adding a section that finds a person guilty of criminally negligent
homicide when a person violates or assists in the violation of any
provision of the multiple dwelling law and such violation results in
              

the death of another.

Section 2 of this bill amends section 304 of the Multiple Dwelling Law
by adding a new subdivision 1-b that provides that every person who
violates or assists in the violation of any provision of the multiple
dwelling law, where such violation results in serious physical injury
to another person shall be guilty of a misdemeanor punishable by a
fine not exceeding two thousand dollars or by imprisonment for a
period not exceeding one year, or by both.

 EXISTING LAW :
Current provisions of the multiple dwelling law do not provide
enhanced penalties for violations where such violations result in
serious physical harm; the penal law does not provide specific charges
where violations of the multiple dwelling law result in death.

 JUSTIFICATION :
The problem of illegal apartment conversions is persistent and
pervasive, and places residents of the State in danger of physical
harm or death, and puts tremendous strains on community resources,
including building, fire and emergency medical services personnel. An
illegal conversion is the creation of one or more additional dwelling
units within a building without first receiving the necessary building
permits.

On May 7, 2007, a Brooklyn fire claimed the life of a mother and her
one year old son, critically injuring two other family members. The
illegally converted basement apartment had no smoke detectors and the
rear exit was sealed shut, according to the New York City Fire
Department.

This bill also provides District Attorneys with the ability to present
a charge for criminally negligent homicide where violations of the
multiple dwelling law results in the death of another. Current
provisions of the penal law do not contain a specific section
addressing such a crime.

Also, current provisions of the multiple dwelling law do not
criminalize violations of that section, regardless of the harm
resulting from such violations. Under existing law, violations are
punishable based not upon the severity of the resulting injury, but
are graduated depending on the number of offenses. This bill
recognizes that an illegal conversion is a serious offense, and
provides enhanced penalties for those who violate, or assist in
violating the multiple dwelling law where serious physical injury
occurs as a result of such violations.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
There would be no fiscal impact.

 LOCAL FISCAL IMPLICATIONS :
There would be no local fiscal impact.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.